HEWITT v. HEWITT


29 A.D.2d 933 (1968)

Mary E. Hewitt, Appellant, v. Donald S. Hewitt, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 18, 1968


Order, entered on December 1, 1967, denying plaintiff's motion made pursuant to CPLR 3212 to strike defendant's answer, dismiss the three affirmative defenses contained therein and for summary judgment, unanimously modified, on the law, to the extent of dismissing the first and third defenses, and as thus modified, affirmed, with $50 costs and disbursements to abide the event.

In this action to recover arrears due under the terms of a separation agreement and for...

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